Ariston is smiling; his friends are congratulating him,
but the trial is by no means over. If Lamachus had been found guilty of
something for which the law provided an absolute fixed penalty, this
second part of the proceedings would be omitted. But here, although the
jury has said some damage or penalty or penalties are due, it has
still to fix the amount. Ariston has now to propose to the dicasts a sum
which he thinks is adequate to avenge his wrongs and losses; Lamachus
can propose a smaller sum and try to persuade the court that it is
entirely proper. Each side must act warily. Athenian jurors are fickle
folk. The very men who have just howled down Lamachus may, in a spasm of
repentance, vote for absurdly low damages. Again, Lamachus must not
propose anything obviously inadequate, otherwise the jurors who have
just voted against him may feel insulted, and accept Ariston's estimate.[10]
Ariston therefore says that he deserves at least a talent. Lamachus
rejoins that half a talent is more than ample, even conceding Arison's
alleged wrongs. The arguments this time are shorter and more to the
point. Then comes the second balloting. A second time a majority
(smaller this time, but enough) is in favor of Ariston. The better cause
has conquered; and there is at least this advantage to the Athenian
legal system, there will be no appeal nor tedious technicalities before
a "higher court." The verdict of the dicastery is final.